AG 21-052 - TUCCI AND SONS, INCRETURN TO: PW ADMIN EXT: 2700 ID #: 3886
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/Div: PUBLIC WORKS / CAPITAL PROJECTS
2. ORIGINATING STAFF PERSON: John Cole EXT: 2718 3. DATE REQ. BY: 3/5/21
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
0 OTHER Retainaae escrow doc
4. PROJECT NAME: 2021 Asphalt Overlay - 521
5. NAME OF CONTRACTOR: TUCCI & Sons, Inc.
ADDRESS: 4224 Waller Rd. Tacoma, VITA 98443 TnEPHONF: 253-922-6676
E-MAIL: mtuccOtumiandsons.com FAX:
SIGNATURENAME: Michael TUCCI TITLE: President
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI #_ ,, EXP. _/ /
7. TERM: COMMENCEMENT DATE: COMPLETION DATE:_ ❑ "11 7' CA :
8. TOTAL COMPENSATION: $ 1,494, 630.70 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: D YES 11 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: d YES 0 NO IF YES, $ PAID BY: Cl CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL /DATE APPROVED
d PROJECT MANAGER JC 2/26/21
d DIVISION MANAGER SLH 2/26/2021
❑ DEPUTY DIRECTOR DSW 311121
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
6 LAW DEPT ER 313/21
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: ` COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING (2 t {1 r r �1
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: { �J I �� DATE REC' D: `'f I ` `
❑ ATTACH: SIGNATURE AUTHORITiY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMTNDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT >ar
6 LAW DEPT
/SIGNATORY (MAYOR OR DIRECTOR)
CrrY CLERK
❑ ASSIGNED AG # A #
❑ SIGNED COPY RETURNED TE SENT: Lt �, ,„}S 9 ,L
COMMENT
EXECUTE ' " ORIGINALS
ITZ020
Cirr of CITY HALL
f Federal
Fe d e ra [ Way F8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityof ederalway. com
CONSTRUCTION RETAINAGE ESCROW AGREEMENT
FOR
2021 ASPHALT OVERLAY PROJECT - 521
TO: Washington Trust Bank
Jeff LaCoss
Bellevue Branch
10500 NE 8th St Ste 1100 Bellevue, WA 98004
425-709-5516 (telephone)
425-709-5501 (facsimile)
jlacoss@watrust.com
Federal Tax ID: 91-0462347
TUCCI & SONS, INC.:
Tucci & Sons, Inc.
4224 Waller Road
Tacoma, WA 98443
(253) 922-6676 (telephone)
MTUCCI@TUCCIANDSONS. COM
CITY OF FEDERAL WAY:
John Cole, Capital Engineer
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-2718 (telephone)
(253) 293-9785 (cell)
John. Cole@cityoffederalway.com
1. GENERAL. Pursuant to Chapter 60.28.011 of the Revised Code of Washington, relating to the retained percentage
of construction contractor payments, the undersigned, Tucci & Sons, Inc., hereinafter referred to as the Contractor, has
directed the City of Federal Way, hereinafter referred to as the City, to deliver to you its warrants or checks which shall be
payable to the you and the contractor jointly. Such warrants or checks are to be held and disposed of by you in accordance
with the following instructions and upon the terms and conditions hereinafter set forth.
2. INSTRUCTIONS.
2.1 The City shall deliver to you from time to time checks or warrants payable jointly to you and the Contractor.
You are hereby authorized by the Contractor to endorse in the Contractor's name any such check or warrant so that you may
receive the proceeds thereof and invest the same. The power of endorsement hereby granted to you by the Contractor shall
be deemed a power couple with an interest and shall be irrevocable during the term of this escrow. Although you may be a
payee named in such warrants or checks as shall be delivered to you, your duties and responsibilities which a depository
bank would have pursuant to Article 4 of the Uniform Commercial Code of the State of Washington for an item deposited
with it for collection as of the date such check or warrant shall be delivered to you. The proceeds from collections shall be
used by you to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by
you, and the City. For the purpose of each such purchase, you may follow the last written direction received by you from the
Contractor, provided such direction otherwise conforms to the restrictions on investments recited herein. Attached as Exhibit
A is a list of such bonds or other securities approved by the City. No further approval is necessary if any of these bonds or
securities, except stocks, may be selected by the Contractor, subject to express written approval of you and the City. Purchase
of such bonds or other securities shall be in a form that shall allow you alone to reconvert such bonds or other securities into
money if you are required to do so by the City as provided in this Escrow Agreement.
CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 1 - 4/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cifyofederalway. com
The investments selected by the Contractor, approved by the City, and purchased by you must mature on or prior to the date
set for the completion of the contract, including extensions thereof or thirty days following the final acceptance of said
improvement work.
2.2 When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall
collect such interest and forward it to the Contractor at its address, designated below, unless with your written consent the
Contractor otherwise directs you in writing.
You are not authorized to deliver to the Contractor all or any part of the principal and/or securities held by you pursuant to
the agreement (or any monies derived from the sale of such warrants or checks) except in accordance with written instructions
from the City. The City shall inform you and keep you informed in writing of the name of the person or persons with authority
to give you such written instructions. Compliance with such instructions shall relieve you of any further liability related
thereto. The estimated completion date on the contract underlying this Escrow Agreement is September 2021. Upon request
by you, the City shall advise you in writing of any change in the estimated completion date. If the estimated completion date
is changed, you are authorized to reinvest the monies held hereunder in accordance with the new estimated completion date.
2.3 In the event the City orders you to do so in writing, and not withstanding any other provisions of this
agreement, you shall, within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you
pursuant to this agreement and return such money together with any other monies, including accrued interest on such
securities, held by you hereunder, to the City.
2.4 The Contractor agrees to pay you as compensation for your services hereunder as follows:
Payment of all fees relating to this account shall be the sole responsibility of the Contractor and shall not be deducted from
any property placed with you pursuant to this agreement until and unless the City directs the release to the Contractor of the
securities and monies held hereunder, whereupon you shall be granted a first lien upon such property released and shall be
entitled to reimburse yourself from such property for the entire amount of your fees and any unanticipated amounts which
might be owing as provided for herein. In the event that you are made a party to any litigation with respect to the property
held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to
render any services not provided for in these instructions, or that there is any assignment of the interests of this escrow of
any modifications hereof, you shall be entitled to reasonable compensation for such extraordinary services from the
Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such
default, delay, controversy, or litigation.
2.5 Should you at any time and for any reason desire to be relieved of your obligations as escrow holder
hereunder, you shall give written notice to the City and Contractor. The City and Contractor shall, within twenty (20) days
of the receipt of such notice, jointly appoint a successor escrow holder and instruct you to deliver all securities and funds
held hereunder to said successor. If you are not notified of the appointment of the successor escrow holder within 20 days,
you may return the subject matter hereof to the City and upon so doing, you are absolved from all further charges and
obligations in connection with this escrow.
2.6 This agreement shall not be binding until executed by the Contractor and the City and accepted by you.
2.7 This instrument contains the entire agreement between you, the Contractor and the City, with respect to this
escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take
notice of any default or any other matter, nor be bound by nor be required to give notice or demand, nor required to take any
action whatsoever except as herein expressly provided; you shall not be liable for any loss or damage except that caused by
your own negligence or willful misconduct.
2.8 The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs
of the parties hereto.
CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 2 - 4/2017
CITY OF CITY HALL
Federal Way Feder 8th y, WA South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederal way. com
The Original Contract Value (including WSST) is $1,494,630.70, One Million Four Hundred Ninety -Four Thousand Six
Hundred Thirty and 70/100. The Original Retainage Value at 5.0 percent of above is $74,731.54, Seventy -Four Thousand
Seven Hundred Thirty -One and 54/100. NOTE: These values are subject to change.
2.9 The undersigned have read and hereby approve the instructions as given above governing the administration
of this escrow and do hereby execute this agreement on this Lo day of i`` , 2021.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below,
CITY OF FEDERAL WAY:
Ji real, Nrayor
DATE:
Wash' ton Trust Bank
y. �I
B
Printed Name: L)i 1
Title: E�-�i 0L� 51^
f
DATE: 3 cd 2�
STATE OF WASHINGTON )
ss.
COUNTY OF )
ATTEST:
to anie C urtney, C . ., City Clerk
APPROVED AS TO FORM:
L—a
J. Ryan Call, City Attorney
On this day personally appeared before me ,4 9- , to me known to be the RU &120, ji filth f A,�C
of G TO) fc''(1S7,_ that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my hand and official seal this day of IN 14—
Notary Public
State of Washington
Roxann Dominguez
Commission Expires 04-04,2022
Notary's signatureT, �: --IZ7 �_ �}
Notary's printed name 0)A-/V . / -,r-> /r All iil b f/ �
Notary Public in and for the 5tat of Washington.
My commission expires 0v 2�-
CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 3 - 4/2017
CITY OF
Federal
TUCCI & SONS, INC
■
By:
CITY HALL
Way 33325 $th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cifyofederahvay.com
Printed Name: Michael F Tucci President
Title:
DATE: !�
STATE OF W AS HINGTON )
ss.
COUNTY OF;@15Qe)
On this day ersonally appeared before me WwaL IMa[ , to me known to be the IMDIEW
of MM q so &[ that executed the foregoing instrument, and acknowledged the said
instrument to be the fr e and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my hand and official seal this day of .20
Notary's signature ekelrm
Notary's printed name
Notary Public in and for the tate pf Washington.
My commission expires 3
'116 $T8h
ZIOTAq), t�l�
`���fjr' ,SPIRESr4
CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 4 - 4/2017
CITY OF CITY HALL
A% Federal Way Feder l Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cifyo(feder it way. com
EXHIBIT "A"
List of investments proposed by the Contractor for City approval (include account number if applicable):
1 Interest Bearing Market Fund # 2301164741
2.
3.
CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 5 - 4/2017